CUMMINGS V. SHERMAN
132 P.2d 998 (1943)
NATURE OF THE CASE: This was a dispute over the enforcement of mutual wills.
FACTS: Homer and Phoebe executed mutual wills. Homer died later that year and his will
was admitted to probate and it gave Phoebe full right of disposition. Phoebe changed her
will before her death and that will was probated. The new will made no provisions for
Homer's relatives who sought and were awarded half of Phoebe's estate based on the contract
to make the mutual wills. Phoebe's relatives appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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